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Compliance and Enforcement Annual Results:
Criminal Cases
FY2006 Annual Results Topics
The strategy of the criminal enforcement program is to pursue more "high impact" cases which have greater environmental and public health significance and a deterrent impact on illegal corporate and individual behavior. Not every criminal enforcement case will be high impact and not every high impact case will necessarily produce a large fine or jail sentence, since sentencing results normally fluctuate from year to year and court to court.
The $29 million amount of judicially mandated projects secured in FY 2006 is the highest in the three years that the criminal enforcement program has compiled and reported data on this category. Judicially Mandated Projects represent the monetary value of environmentally beneficial projects or other activities that a judge orders defendants to pay for or conduct themselves. Although part of a defendant's formal sentence, they are distinct from, and in addition to, fines and restitution.
The 154 years of total jail time assessed, although lower than the year before (which included the two largest jail sentences for environmental crimes in history) was the seventh largest annual figure in the history of the criminal enforcement program. FY 2006 incarceration results were impacted by Supreme Court decisions making the Sentencing Guidelines discretionary rather than mandatory. Overall, the aggregate jail sentences were about 35 years lower in FY 2006 due to the downward variations from the guidelines.
The $43 million aggregate level of fines and restitution in FY 2006 reflects that there were no cases with over $5 million in criminal fines and restitutions assessed. By contrast, FY 2005, the year with the 3rd highest level of fines and restitution in history, had four cases which by themselves totaled $68 million in fines and restitution - AAR Contractors, Evergreen Marine, Motiva, and Bouchard Transportation.
Annual Results by Fiscal Year:
FY2008 | FY2007 | FY2006 | FY2005 | FY2004 | FY2003 | FY2002 | FY2001 | FY2000 | FY1999